Danyll W. Foix

Experience

• Providing antitrust advice and general counsel for companies and associations on marketing, distribution, pricing, contracting, acquisitions and other matters.
• Advising clients on potential antitrust claims and assisting with the investigation, evaluation, preparation and prosecution of claims.
• Representing clients in large and small ongoing antitrust matters, including In re Capacitors Antitrust Litigation, In re Auto Parts Antitrust Litigation, and In re Vehicle Carrier Services Antitrust Litigation.
• Trial team for the Official Committee of Tort Claimants in historic bankruptcy case of Pacific Gas & Electric, on behalf of more than 75,000 victims of California wildfires, which resulted in a $13.5 billion settlement for wildfire claimants.*
• Served as one of the trial counsel to a global engineering company in an indemnity case arising out of a food manufacturing plant explosion. After a four-week trial, a Nebraska jury returned a verdict of $108.9 million in favor of the client, twice the amount of the largest verdict in the jurisdiction at that time. This result was recognized by the National Law Journal as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report.*
• A principal attorney representing certified classes of dairy farmers in an action alleging dairy processors, cooperatives and others unlawfully conspired to eliminate competition for purchase of raw milk in 14 southeastern states. The litigation recovered more than $300 million, plus non-monetary relief, for the clients and class.*
• Member of a team representing a large global manufacturing client, including as a key team member in state and federal court litigation involving antitrust, dealer termination, breach of contract and fraud claims.
• Represented an international animal association in investigations by Federal Trade Commission and reached negotiated resolutions.
• One of the principal attorneys representing a certified class of dairy farmers in an action alleging an unlawful conspiracy to eliminate competition for purchase of raw milk in the Northeast. Settlements totaling $80 million, plus non-monetary relief, were obtained on behalf of the clients and class, and defended in Second Circuit appeals.*
• Represented a food company in a hostile dispute with a rival corporation over the misappropriation of product packaging trade secrets. The three-year matter was resolved via settlement of all claims on the eve of trial.
• Represented a group of insurance companies and individuals in a Department of Justice investigation of alleged anticompetitive pricing practices. The investigation closed following limited discovery, with no action taken by the government.
• Represented a food and beverage company in a Federal Trade Commission investigation of a proposed acquisition. Obtained acquisition clearance.
• Represented a class of tobacco growers in price-fixing actions against tobacco dealers and cigarette manufacturers. Recovered funds for the clients in a series of settlements after extensive litigation, with a remaining defendant settling at trial.

* Does not guarantee similar results in comparable matters.

Memberships

• American Bar Association
  • Section of Antitrust Law
  • Section of Litigation